Termination for a reason or cause like bad performance is sometimes hard to explain in a letter. So, you might consider using a simple termination letter which gives no specific excuse to terminate. However, here’s a sample of a dismissal letter as a reference in case your worker’s performance documentation is not contentious.
Dismissal Letter for Bad Performance Sample
Do you want to terminate an employee because of their bad performance? For this specific type, you will want to go for a basic terminating letter which safeguards you as the employer. Because the letter could be taken to court by the fired & resentful worker & they may utilize everything you write against them in court. Which is why you need to keep the letter generic & do not mention why the employee is being terminated.
When you specify your reason, you’ll be confined to raising this justification alone for the termination in front of the judge. By failing to offer a justification, the company will use any facts to defend itself. If you don’t mention the reason, then your lawyer will be able to utilize other proof to support the termination.
Review the paperwork prior to the termination of the worker
Have your HR department check if the superior of the employee has kept documents regarding the employee’s performance. Reviewing the documents will confirm it is recorded correctly, the date is mentioned, & it will help pass any legal formalities. It’s better to have all your documents in advance of the termination as it helps jump over any obstacle.
Additionally, a complete file of documents will safeguard your company to be charged with the Equal Employment Opportunity Commission. EEOC can be filed by the terminated employee & is a case of discriminatory behavior.
Before You Send a Dismissal Letter
In certain cases, the only acceptable method of firing an individual is for the individual’s boss & an HR Department official to notify the worker regarding the termination in a meeting.
As soon as the requisite details, documents & evidence are available, conduct the briefing to terminate the employee. Evidently, in situations of no-show, no-call job abandonment this will not apply.
Once you’ve dealt with the termination meeting you can either give the letter of termination by hand to the employee or send it to their address along with a return receipt requested. It is necessary for the letter to be printed on the company’s stationery with the employer’s signature.
Note: The last paycheck, accruals of PTO, holidays or private day’s laws may be different around the globe.
Letter of Dismissal Sample, Template and Format
080 East Rd.,
Old City, KA 3345,
Email: [email protected]
August 12th, 2021
Ms. Jane Stark,
3332 Burns St.,
Chicago, IL 33244
Subject: Dismissal Letter
We regret to inform you that from this date onwards i.e. 11th March 2021, your contract with XYZ company employee is terminated. This letter is a follow-up to confirm for our discussion at the meeting today & your termination is effective immediately.
You have been fired, owing to the fact your job quality has not progressed following consistent input & performance guidance from your boss. The productivity was recorded in several rebuke letters that you received & signed. In fact, you had been involved in the Performance Improvement Plan to develop specific goals & objectives that you consented to achieve by the deadline.
Moreover, your accrued Paid Time off (PTO) payment will be added to your final cheque from us which will be deposited on a conventional day, Monday. It can be collected at our reception desk or mailed to your address, the choice is yours. Let us know.
The status of your benefit upon termination can be determined by a separate letter of benefits. Your letter will contain information about your ability to maintain your group health benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
Your identification swiping pass, office key & the laptop & mobile provided by the organization were already given to us at the closing meeting.
You must ensure to keep the organization updated about your contact details so that we are able to provide you with documentation including your W-2 form & COBRA follow up in the future.
Name of the CEO or Manager.
Writing a Polite Dismissal Letter
Dismissal letters are an essential element of a worker’s termination, however, no one’s ever excited to write them. These letters provide information for the worker’s file & help the employee answer most of their general queries.
Eventually, in the case of a dispute or when the human resource feature fails to operate with its original structure the dismissal letter contains clear records.
Supervisors & human resources representatives always pass on & the outstanding report & letter of dismissal act as the official report.
You can use the above-mentioned example of dismissal letter as a reference, but with any cases that can lead to legal proceedings or other incidents that are not in the better interests of the boss, run the letter through your company or personal lawyer before you send to the worker.
Disclaimer: It is important to keep in mind that the above-mentioned information isn’t confirmed to be a hundred percent correct as every country or state have laws of their own. However, it is reliable information. This content is created generally to be read by everyone around the globe. It is obvious that employment laws around the globe can be different from each other. It is necessary to confide in an attorney or your company lawyer to become aware of the laws of your state before you terminate an employee. This content is to provide you with general guidance, insights & support.